ACIT, NEW DELHI vs. M/S. TRADING ENGINEERS (INTERNATIONAL) LTD., GURGAON

PDF · subscribers
ITA 646/DEL/2017Status: DisposedITAT Delhi31 July 20192 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal was hit by the CBDT instruction due to low tax effect. The Departmental Representative did not provide any information regarding exceptions to the circular. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for the assessment year 2008-09. The appeal was filed despite a CBDT instruction prohibiting appeals where the tax effect is less than Rs. 20 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable given the low tax effect and the applicability of CBDT instructions. Whether the case falls under any exceptions to the CBDT circular.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL

Before: SHRI PRAMOD KUMAR & BEFORE SHRI PRAMOD KUMAR & BEFORE SHRI PRAMOD KUMAR & SHRI K. NARASIMHA CHARY SHRI K. NARASIMHA CHARYSHRI K. NARASIMHA CHARY SHRI K. NARASIMHA CHARY

For Appellant: Shri Vivek Bansal, Advocate
For Respondent: Ms. Nidhi Sharma, Senior DR
Hearing: 31.07.2019Pronounced: 31.07.2019

PER PRAMOD KUMAR PER PRAMOD KUMAR, , , , VP PER PRAMOD KUMAR PER PRAMOD KUMAR VP VP : VP This appeal by the Revenue for the assessment year 2008-09 is directed against the order of learned CIT(A)-41, New Delhi dated 3rd November, 2016.

2.

At the time of hearing before us, we find prima-facie that the appeal of the Revenue is hit by CBDT instruction no.3 of 2018 dated 11.08.2018 whereby the Board has prohibited its subordinate authorities from filing of the appeal before the Tribunal against the order of the CIT(A) where the tax effect by virtue of the relief given by the CIT(A) is less than `20 lakhs. The instructions have been made applicable with retrospective effect, meaning thereby, these instructions are applicable on pending appeals also. In the present case, the tax effect on the quantum disputed by the Revenue does not exceed Rs.20 lakhs. Therefore, the present appeal of the Revenue is 2 ITA-646/Del/2017 hit by the CBDT Circular and hence not maintainable. Further, learned Departmental Representative has not pointed out whether the case of the Revenue falls within the ambit of exceptions provided in the Circular or not. Thus, keeping in view the above CBDT circular and provisions of section 268A of the Income Tax Act, we are of the view that the present appeal of the Revenue deserves to be dismissed. It is accordingly dismissed.

3.

However, it is observed that, in case on re-verification at the end of the Assessing Officer it comes to the notice that the tax effect is more or Revenue’s case falls within the ambit of exceptions provided in the Circular, then the Department will be at liberty to approach the Tribunal for recall of this order. Such application should be filed within the time period prescribed in the Act. In view of the above, the appeal of the Revenue is dismissed due to low tax effect.

4.

In the result, the appeal of the Revenue is dismissed. Decision pronounced in the open Court on 31st July, 2019.

More judgments on Section 268A

All 3,931 judgments and leading authorities on Section 268A →

Recent GST High Court judgments

Search GST case law →